Directive No. 17/2003/CT-TTg enforcing the State management in the field of marine navigation safety

IN THE FIELD OF MARINE NAVIGATION SAFETY Ove( the rfost years, the concerned ministries, branches and· localities have made great efforts in managing marine activities and ensuring maritime order and safety at st~aports and maritime areas. 'if However, iri' the first months of 2003, a number of serious maritime accidents happened, causing oil spills, environmental pollution and great material losses to the State and people at the seaport areas in Ho Chi Minh city and Ba Ria~ Vung Tau province. The maritime accidents are a1tributed mainly to the causes that the examination and supervision of the observance of the regulations on marine navigation safety by waterway means, especially the oil- and chemicals-transporting means operating at V(etnam's seaports and maritime areas, are neither close nor serious; ship owners and means operators fail to observe or have not yet fully observed the !aw provisions when participating in maritime act\v\t\es; 1he management of ships and boats operating on inland routes which enter or /eave seaports, has not yet fully complied with regu\aHons. ln order to i:ut an end to the above-said situation and minimize maritime accidents and incidents which cause environmental pollution as well.as human and material losses: to the S1ate and people, the Prime Minister hereby:·instructs the ministers; the heads of the ministerial-level agencies, the heads of the agencies attached to the Government and the presidents of the People's Committees of the provinces and centrally­ run cities to expeditiously well organize the performance of the following tasks: 1. The Ministry of Communications and Transport: al To examine the registration, inspection and granting of technical safety certificates for sea-going ships and inland waterway means, especially the THE PRIME MINISTER passenger-, oil- or chemicals-transporting means as well as ships operating on international navigation routes, ensuring that the means are permitted to operate only when they fully meet the Vietnamese and DIRECTIVE No. 17/2003/CT~TTg OF AUGUST 4, international technical safety standards and 200:i ENHANCING THE STATE MANAGEMENT environmental poliution prevention regulations; 'o/ To enhance the supervision and examination of th(; operation of ships and boats in the implementation of thE re9ulat:ons on "State inspection at seaports"; to det9ct in time and strictly handle acts of violating the :-nw-itirne safety regulations such as: • To resolutely suspend the operation of waterway rne·,ms or disallow ships or boats to leave ports if they fail to fully meet the technical safety conditions; To disallow crew members without adequate pro'.'et,sional diplomas or certificates as prescribed to work onboard ships or boats, The above-said violation cases must be strictly handkid according to law provisions. For ships and boats operating on international routeD, to apply the measures of withdrawing the ship classification papers and not granting port-leaving perrnils for ships and boats which have been kept at fomign seaports because they fail to fully observe the regulations of international treaties on marine navigation safety and environmental pollution prevention; ,:;/ To take measures to put an end to the situation that inland waterway means operate outside the permitted waters as prescribed or means are overlo::i.ded or fail to fully meet the safety conditions according to regulations. The directors of the marine port authorities shall have to examine and supervise ships and boats operating in the waters under their respective management; to disallow ships or boats to \eave oorts "if they tail to meet the safety conditions acC<,rcing to law provisions; di To direct Vietnam National Maritime Bureau to wBII ornanize ~he exploitatfon of maritime buoys and signals; to replace or add in tirne equipment, buoys and signalf: in order to ensure that navigation routes are equipped with adequate buoys and signals as prescribed· to expeditiously put the system for management of the operation of sea~going f;hips on the Sai Gon -- Vung Tau navigation route into operation so at: to reduce maritime accident dangers in the seaport waters in Ho Chi Minh city; e.1 To coordinate with the concerned local administrations in drawing up and implementing plans for overcoming of maritime accidents in accident-prone areas, especially narrow or dangerous channels; to organize the division of navigation channels and hours in order to limit waterway accidents; f/ In examining and handling acts of violating the legislation on maritime safety, to resolutely and strictly handle officials and employees who commit negative acts or fail to fulfil their tasks; g/ To coordinate with the National Committee for Search and Rescue in directing the elaboration of plans on coping with oil spills at seaports on the basis of on­ spot facilities, equipment and forces in order to cope with incidents when they occur; h/To coordinate with the Ministry of Justice and mass media agencies in disseminating and propagating law provisions on maritime safety and environmental pollution prewmtion; 2. The Ministry of Public Security: a/ To enhance the patrol and control of inland waterway means operating on inland waterway routes and channels; coordinate with the agenc(es perforrnlng the specialized maritime and inland waterway management Jn dismantling fixing nets, aquaculture facilities and illegal sand exploitation locations, which encroach on navigation channels, thus affecting maritime order and safety as well as waterway traffic. All acts of violating the regulations related to the above­ said matters must be stri ct!y handled according to law provisions; bl To coordinate with the agencies performing the specialized maritime and in land waterway management in enhancing the patrol and protection of marine and inland navigation signals, equipment and buoys; c/To strictly handle inland waterway means owners who overload their cargo or passenger transport means or inland waterway means owners who operate without adequate technical safety conditions, or crew members who do not have adequate professional diplomas or certificates stri,;tly according to law provisions. 3. The Ministry of Aquatic Resources: aJ To inspect the registration of fishing ships and crew members, the registry, and granting of fishing ships' lf1Cbrncai :;af<Ay c12rtifica10s; to resolutely handle officials and empioyues wl,c, commit /aw violation acts in this wmk; L/ 10 scrutiniz.9 programs and contents of training, cxa:nir:.nlhn and pra:1tin9 of professional certificates to cp0:ators of fishing means in order to raise the trainin(l quality and ensure the tu/! observance of the regulations c,n prcvent;on of ship and boat comsfon on sea, especially when means operate in seaport waters; cl To strictly handle those ship owners or ship operators who fail to observe the regulations on ensuring technical safety or the regulations on professional dip!orna s and certificates of fishing ships' crew rne•nbers 1/ ·i;:1 c00:dinate with the Ministry of Communications and Trani,port in directing the petrol- and oil-shipping cnt,1rpri:kS (under the Trade Ministry's management) to obsorvn the regulations on marine navigation safety. b/ To perrorm the tasks prescribed ln Article 5 of tt1e Prime Minister's Decision No. 129/2001/QD-TTg of August 28, 2001 approving the national plan on coping with oi! spills in the 2001-201 0 period. 5. The Ministry of Natural Resources and En·,; run nien t: To p81forrn the tasks prescribed in Article 2 of the P ri ~T1Ei Minister's Decision No. 129/2001 /QD-TT g of August 2fl, ;2001 approving the national p!an on coping with oil spills in the 2001-2010 period; to elaborate, twpplement and perfect legal documents concerning the wevention and hancAling of em1ironmenta! pol!ut!on caused by oil spills, and guide the implementation of rncasures and plans to cope with oil spills. 6. Tho Ministry of Defense: le, orr1ariw the perforrn,mce of the tasks prescribed ,n /I rtid(;, 2 of the F' rime Minister's Decision No. '129/ 'W1J 1 /0 [,,-T 1· q of Auuust 28, 2001 approving the national pJ:m on coring with oil spills in the 2001-2010 period. l. The Peopfe's Committees of the provinces and centrally-run cities: a/ To coordinate wfth the agencies performing the specialized State management over maritime and inland waterways in restoring and maintaining waterway traffic order and safety on navigation channels, in seaport waters and ports, removing all fixing nets and aquaculture facilities as well as illegal sand exploitation locations, which encroach on navigation channels, thus affecting waterway traffic safety. All acts of violating the regulations related to the above-said matters must be strictly handled accotding to !aw provisions; bl To direct local functional agencies in organizing the registration and inspection of inland waterway means in order to ensure that inlandwaterway means operate strictly according to law provislons; c/To regularly scrutinize and update their loca\ plans on rescue and coping wlth oil spills, and assume the prime responslbility in organizing the implementation of measures to cope wfth waterway accidents and handle oil spills occuring in their respective localities. ct/To coordinate with the Ministry of Communications and Transport in disseminatlng and propaga1ing the regulations on inland waterway traffic safety and maritime safety to relevant individuals and organizations in their respective localities. 8. The National Committee for Search and Rescue: To assume the prime responsibility and coordinate with the ministries, branches and local administrations of various levels, and direct the standing centers for specialized search and rescue in the work of search and rescue, cope with and handle oil spills in order to ensure the timely and efficient coordination. 9. The National Committee for Traffic Safety: To coordinate activities of the niinistrles, branches and loca( administrations in performing the tasks prescribed in this Directive. The Prime Minister requests the ministers, the heads of the ministerial-level agencies, the heads of the agencies attached to the Government and the presidents of the Peqple's Committees of the provinces and centraJJy-run cities to organize the implementation of this Directive. In the course at implementation, rt any pr-obiems arise, the agencies must promptly report them tc th'<J :!rime Minister. For the Prime Minister Deputy Prime Minister NGUYEN TJ.\N DUNG